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2022 Supreme(Online)(Mad) 60800

MADRAS HIGH COURT
MR. SENTHILKUMAR RAMAMOORTHY, J
Procter & Gamble Hygiene and Healthcare Limited. – Appellant
Versus
Reckitt Benckiser (India) Private Limited. – Respondent


Advocates:
For the Appellants/Petitioners:Mr.Vijay Narayan, Senior Advocate, Mr.Jose John
For the Respondents:Mr.Chander Lall, Senior Advocate, Mr.Satish Parasaran, Senior Advocate, M/s.R.Jawaharlal & Ms.Nancy Roy

Table of Content
1. description of applicant's claims against respondent's advertisement. (Para 1 , 2 , 3 , 4)
2. arguments presented by both applicant and respondent regarding disparagement. (Para 7 , 8)
3. court's observations and legal standards for assessment of advertisements. (Para 9 , 10 , 11 , 12)
4. consideration of balance of convenience in granting injunction. (Para 13 , 14)

Original Application praying that this Hon'ble Court be pleased to grant an interim injunction restraining the Respondent, its men, servants, agents, assigns, directors, officers, or any person claiming through or under it from issuing / circulating / publishing / telecasting / streaming the offending advertisement filed as Plaint Document No.2, or other similar advertisement in any media and in Tamil and thereby, disparaging / denigrating the Applicant's product Vicks Cough Drops by making false, injurious and misleading representations, either directly or indirectly, or in any other manner whatsoever pending disposal of suit.

This Original Application having been heard on 21/03/2022 in the presence of Mr.Vijay Narayan, Senior Advocate, Assisted by Mr. Jose John for M/s. King and Patridge, Advocates for t

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